[2014.]
Freedom of Information Act 2014.
[No. 30.]SCH.2
without prejudice to the validity of anything previously done thereunder.
7. (1) The Minister may appoint to be members of the staff of the Commissioner such
number of persons as the Minister may determine from time to time.
(2) Members of the staff of the Commissioner shall be civil servants in the Civil
Service of the State (within the meaning of the Civil Service Regulation Act
1956).
(3) The Minister may delegate to the Commissioner the powers exercisable by him or
her under the Public Service Management (Recruitment and Appointments) Act
2004, and the Civil Service Regulation Acts 1956 to 2005, as the appropriate
authority in relation to members of the staff of the Commissioner and, if the
Minister does so, then, so long as the delegation remains in force—
(a) those powers shall, in lieu of being exercisable by the Minister, be
exercisable by the Commissioner, and
(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this
Act the appropriate authority in relation to members of the staff of the
Commissioner.
8. (1) The Commissioner shall keep, in such form as may be approved of by the
Minister, all proper and usual accounts of all moneys received or expended by
him or her and all such special accounts (if any) as the Minister may direct.
(2) Accounts kept in pursuance of this paragraph in respect of each year shall be
submitted by the Commissioner in the following year on a date not later than a
date specified by the Minister to the Comptroller and Auditor General for audit
and, as soon as may be after the audit, a copy of those accounts, or of such
extracts from those accounts as the Minister may specify, together with the report
of the Comptroller and Auditor General on the accounts, shall be presented by the
Commissioner to the Minister who shall cause copies of the documents presented
to him or her to be laid before each House of the Oireachtas.
9. The Commissioner may delegate to a member of the staff of the Commissioner any of
the functions of the Commissioner (other than those under this paragraph or section
47) and subsection (2) to (4) of section 20 shall, with any necessary modifications,
have effect for the purposes of a delegation under this paragraph as they have effect
for the purposes of a delegation under that section. References in this Act to the
Commissioner shall be construed, where appropriate having regard to any delegation
under this paragraph, as including references to any person to whom functions stand
delegated by the delegation.
10. Paragraph 1 shall apply to a person appointed as Commissioner whether before or
after the commencement of this Act.
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